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Economic development increasingly depends to a large extent on innovation. Innovation is generally covered by intellectual property (IP) rights and usually requires extensive funding. This book focuses on IP and debt financing as a tool to meet this demand. This book clarifies the situation of the use of IP as collateral in practice through a survey conducted in Japan on IP and debt financing. Various obstacles in the proper use IP and debt financing are identified, and some projects to facilitate its use are illustrated. IP and debt on a global scale, either by attracting foreign lenders or by collateralizing foreign IP rights, needs appropriate private international laws. This book analyzes such regulations in which the United Nations Commission on International Trade Law (UNCITRAL) has worked, paying due attention to the law of finance and insolvency law, as well as IP laws. However, further analysis is needed to identify under what conditions such solutions would show optimal effects. This book offers comprehensive analysis from an economic point of view.
List of contents
1 IP and Debt Finance in Practice (Tadashi SHIMIZU).- 2 IP and Debt Finance: New Trends (Janis DENONCOURT).- 3 IP and Debt Finance: Cross-Border Considerations (Toshiyuki KONO & Claire W. CHENG).- 4 Security Interests in IP and the UNCITRAL Legislative Guide (Spyridon BAZINAS).- 5 A Functional Analysis of Security Interests in IP: Toward an Efficient Use of IP Collateral (Toshiyuki KONO / Kazaki KAGAMI).- Index.
About the author
Toshiyuki Kono is Distinguished Professor, the Faculty of Law, Kyushu University. After he obtained his LL.B. and LL.M. at Kyoto University and passed the Japanese Bar Exam, he joined the Faculty of Law at Kyushu University. His main research fields are private international law and international heritage law. His recent research interests are the economic analysis of private international law. He gave special lectures on “Efficiency in Private International Law” at the Hague Academy of International Law in 2013, which will be published in its Pocket Book series.
He is currently, among others, Vice President and Titular Member of the International Academy of Comparative Law, Director of the International Academy of Commercial and Consumer Law, Chairman of the Committee for Intellectual Property and Private International Law, the International Law Association, Member of the Committee for Heritage Law, the International Law Association, Member of the Executive Committee of the International Council of Monuments and Sites (ICOMOS), Science Advisor of Ministry of Education, Cultures, Sport, Science and Technology of Japan, as well as Chairman of the Committee for Cultural Affairs of UNESCO National Commission, Japan.
Summary
Economic development increasingly depends to a large extent on innovation. Innovation is generally covered by intellectual property (IP) rights and usually requires extensive funding. This book focuses on IP and debt financing as a tool to meet this demand. This book clarifies the situation of the use of IP as collateral in practice through a survey conducted in Japan on IP and debt financing. Various obstacles in the proper use IP and debt financing are identified, and some projects to facilitate its use are illustrated. IP and debt on a global scale, either by attracting foreign lenders or by collateralizing foreign IP rights, needs appropriate private international laws. This book analyzes such regulations in which the United Nations Commission on International Trade Law (UNCITRAL) has worked, paying due attention to the law of finance and insolvency law, as well as IP laws. However, further analysis is needed to identify under what conditions such solutions would show optimal effects. This book offers comprehensive analysis from an economic point of view.
